Delhi

North East

CC/209/2018

Rajesh Kumar Sharma - Complainant(s)

Versus

Rajesh Gupta - Opp.Party(s)

07 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 209/18

 

 

In the matter of:

 

	Rajesh Kumar Sharma S/o Sh. R.J. Sharma R/o K-22/17,Gali No.19 Gangotri  Vihar, Delhi-110053	Complainant
	Versus
1.   2.	Rajesh Gupta   Seema W/o Rajesh Gupta Both Partner of Rajesh Seema & Associates, Chartered Accountant All be served at 1/7098,Street No.5, Shivaji Park, Shahadara Delhi-33	Opposite Parties

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:                           DATE OF ORDER:

04.10.18 14.07.22 07.09.22

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

     Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

 

    Case of the Complainant

1. The case of the Complainant is that the Complainant had taken the services of Opposite Parties who are Charted Accountant by profession. One of the clients of Complainant had deducted a sum of Rs. 90,200/- from the professional fee bill of Complainant on account of TDS. The Complainant stated that he had approached Opposite Parties in the month of March 2016 to file Income Tax Return and to know whether the amount of TDS correctly or exactly deducted. Both the Opposite Parties gave assurance to the Complainant that they would take care of it. The Complainant handed over the documents to the Opposite Parties  for filing Income Tax Return with a cheque of Rs. 6,000/-. The Opposite Parties had further demanded a sum of Rs. 3,000/- as penalty in cash for filing Income Tax Return of assessment year 2013-14. The Complainant gave the Opposite Parties to prepare Income Tax Return of assessment years 13-14, 14-15 and 15-16, and the entire fee was settled Rs. 6,000/- besides penalty upto the return of 2015-2016. The Complainant requested the Opposite Parties to give him the copy of returns filed but Opposite parties did not provide him the copies. The Complainant also stated that they had not given the password to the Complainant till September 2016. The Opposite Parties created the Complainant’s accounts in income tax department online and not filled his e-mail or phone no. in the profile form and gave their own e-mail ID or no. of his junior. The Complainant called the Opposite Parties many times and no one answered then the Complainant visited the Opposite Parties office to know the status of his work where the official of Opposite Parties handed him the Income Tax Return on being receiving the copy, the Complainant noticed that these Income Tax Return had to be send to Banglore office within 120 days. The Complainant stated that he requested the junior of Opposite Parties to connect his mail so that he can directly get the communications. The Complainant stated that he called the Opposite Parties many times but no one answered. In May 2017, Complainant came to know that return for the year      2013-14 was not filed and return for 2014 and 2015 was not processed and became invalid returns. The Complainant stated that he called the official of Opposite Parties and he suggested him to take legal action and assured him that they would move an application in this regard. The Complainant requested him to tell the contents of the application but they did not share the contents and moved application on behalf of Complainant.

The application moved by the Opposite Parties was rejected by the department as it was drafted to save Opposite Parties and not to help the Complainant. The Complainant stated that the official of Opposite Parties assured him that the return for assessment year 2013-2014 would be filed manually, thereafter the Complainant visited the department a number of times. The Complainant stated that he had given a legal notice to Opposite Parties dated 09.01.18 and also lodged police complaint on 12.01.18. The Complainant stated that the Opposite Parties had not sent the hard copy of returns to Banglore office within 120 days the refund of assessment year 2014-2015 is stuck and he lost Rs. 15,000/- for assessment year 2013-2014 for not filing the return. The Complainant stated that due to the negligence of Opposite Parties a huge sum of Rs. 80,000/- is stuck off with Income Tax Department and the return for the assessment year 2014-15. Hence, this shows deficiency on the part of Opposite Parties.  Complainant has prayed for damages of Rs. 2,00,000/- He has also claimed Rs. 2,00,000/-on account of  loss suffered by him. He has also claimed Rs. 15,000/- as litigation expenses.

2. Despite service of notice to the Opposite Parties they did not appear and were proceeded against Ex-parte vide order dated 08.04.2019. 

Evidence of Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments and conclusion.

4. We have heard the Complainant.  We have perused the file and the written argument filed by the Complainant. The case of the Complainant is that due to the deficiency of service on the part of the Opposite Parties his amount of Rs. 80,000/- had been struck off by the Income Tax Department. In support of his contention, the Complainant has filed his affidavit and on the other hand the Opposite Parties did not appear and have not put up any defence. Therefore, the averments made in the complaint have to be believed.
5. In view of the above discussion, the complaint is allowed. The Opposite Parties shall pay an amount of Rs. 80,000/-to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till the recovery of the said amount. The Opposite Parties shall pay an amount of Rs. 50,000/- to the Complainant on account of harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till its recovery.

 

6. Order announced on 07.09.2022.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President